HomeMy WebLinkAbout1990-08-27 90-308 ORDERwal Action
Date 8/27/90 Item No. 90-308
Item/Sublem: Authorizing Execution of Construction Area Agreement with MOT -
Broadvay-Pusbav Road Intersection Reconstruction
Responsible Department: Engineering
Commentary:
MOT is preparing to start the reconstruction of the intersection of
Broadway and Pushaw Road: there is no local coat for this project.
It is necessary that the City authorize the Contractor to move
construction equipmentsadjacent town ways s is reasonably
necessary to complete the construction work.
This Council Order would authorize the City Manager to sign the
Construction Area Agreement on behalf of the.City Council, and
it is recommended for passage.
pepertmenf eo.
Manager's Comments: ,u.� [� / p / 1
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ACT 314
Associated Information-
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Budget Apprpval:
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Legal Approval:
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Passage
Q Fiat Reading Page_ of
❑Referral
90-308
Assigned to CowcHOr England. August 27, 1990
_ CITY OF BANGOR
(TIRE.) (Drber, epeno_fung Rxecution of Constrtwt1on Area Agreement with MOT -
..._........
Banadvvay.7Pughp R as Iptecgec6ion Reconstruction _. _. ............
By the qty Caused of 94 My afBnnpor:
ORDERED,
THAT , wabsBAS, the Maine Department of Transportation is preparing
to reconstruct the intersection of Broadway and Pusbaw Road as a Federal
Aid Project, and
WHEREAS. 29 M.R.B.A. 41703 provides that Contractors working on such
projects shall obtain approval from the Municipal Officers to move construction
equipment over town ways reasonably within the area of the project.
DOW, THEREFORE, Be It
ORDERED. THAT the City Manager, acting for and on behalf of the Municipal
Officers, be and hereby is authorised to execute a Construction Area Agreement
pertaining to the Broadway-Pushaw Road project, a copy of said Agreement being
is on file in the Office of the City Clerk.
of
IN CITY COUNCIL O R D E R
August 27. 1990
Passed
Title,
�.
CITY 8
Authorizing Execution of Contraction
....;.r .............................
Axea Agro sac ersewith [tion - Rroadway
struc
Poets✓ Road Intersection Reconstruction
......................................
Assigned to
Councilman
i
MNS RCCNXLRS�m�� 1
STATE OF MAINE 90-308
DEPARTMENT OF TRANSPORTATION
iRANSF TATM WLCNG
STATE HWSE STAMJN 16 A USW.MAINE C 333-00t
Slily 2, 1990
City of Ba or
A=: Ibno a le Mary Sullivan, Mayor
73. Harlow Street, City Hall
Ba r, Maine 04401
Re: B r
FIPS-038P(38)
Ms. Mayor: -
Const Elon of'. this project my be acon lished undera different project:
comber than that shown on the Construction Area Agreamnt mterlal attadn_d. If
this oocnm, the Deparhient will add the project meatruction num r to its cof of
the Agr ont but the terra of the Agreerast wi11 ramAn undo d.
Very y you✓y�/�//,/
Robert Pray //
DSSICN Divisio
Bureau of Project pavelop t.
so - 3a r
April 6, 1990
SPECIAL PROVISIONS
CONSTRUCTION AREAS
TIME 29 p R 5,A .' SUB -SECTION 1703. Moving Heavy Objects Over gays and
Bridges; Jurisdiction; Permits Limited.
Pursuant to guidelines developed by the Department of Transportation,
jurisdiction is vested is the office of the Secretary of State, acting with
the advice of the Commissioner of Transportation, to grant emergency
Permits upon proper application in writing to move objects having a length
or width or height Or weight greater than specified in this Title over any
way or bridge maintained by the Department of Transportation. The fee. fur
these permits shall be not less than $3, nor
e than $15, to be
determined on the basis of weight, height, length and width by the
Secretary of State with the advice of the Commissioner of Transportation.
Like Permits may be granted for a reasonable fee, by county commissioners,
municipal officers, superintendents of streets o Other most officials
having charge of the repair and maintenance of any other way or bridge.
All vehicles granted emergency Permits under this section, because the
object to be moved is over the legal maxim weight, mast first be
registered or hold a shot[ -term permit for the maximm legal gross weight
allowed for that vehicle.
The Secretary of State may grant permits, covering stated periods of
time not exceeding one year and upon proper application in writing, to move
enter its ow power pneumatic tired equipment, nota tending the legal
weight limit, over ways and bridges maintained by the Department of
Transportation. The fee for such Permit shall be based upon a rate of $15
for each 30 -day Period covered by the permit.
The Permits shall be issued to cover the emergency or purpose stated
in the application and sball be limited as to the Particular objects to he
moved and the particular ways and bridges which may be used, but Permits
for stated periods of time my be issued for loads end suitable equipment
mplOyad upon public highway construction projects, United States
Goverment projects O[ private construction of private ways, ahem such
loads or equipment are operated within construction areas established by
the department of Transportation.
Permits must be procured from the municipal officers of Any town or
city, to case the tunsten tion area encompasses that town or city, the
Permits to further provide that the contractor be responsible for damageto
any roads ahich may he seed in the construction areas suet may provide for
withholding by the agency contracting for the work of final payment under
any contract, or may provide for the furnishing of a bond by the contracts
to guarantee suitable repair or payment of damages, the suitability of
repairs or the amount of damage to be determined by the Department of
Transportation an state maintained ways and bridges, otherwise by the
municipal officers.
The permits may be granted by the Department of Transportation or by
the state engineer in charge of the construction contract and an farther
approval shell be deemed necessary.
The Permit for construction areas shell care, an fee ®d shall ret
come within -the scope of this section.
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The Secretary of State, with the advice and consent of the Department
of Transportation, in respect to state and state aid highways and bridges
within city or compact village limits, and municipal officers inrespect to
all other ways and bridges within such city and compact village limits and
the county commissioners in respect to county roads wood bridges located in
unorganized territory in the county, may grant permits to operate vehicles
having a gross weight exceeding the limit of gross weight prescribed in
this Title, and all such permits may contain any special conditions or
Provisions which in the .opinion of the grantors are necessary.
Escort vehicles required by permits issued in accordance with this
action shall be equipped with warning lights and signs an required by the
Secretary of State with the advice of the Department of Transportation.
Only in the performance of the escort vehicle requirements of such apermit
shall such warning lights be operated or the lettering on such stens be
visible On a public way.
No State Police acort may be required except when any single or
combination of vehicles exceeds 125 feet in length or 16 feet in width.
The Secretary of State when issuing permits for vehicles exceeding these
dimensions, with the advice of the Department of Transportation, my
requiretheo r
operator of the vehicle to beescorted by the State
Police. The Bureau of State Police shall establish afee to be Paid by the
permittee for these State Police secures. All fees collected pursuant to
this Paragraph shall be used to defray the cost of services provided.
With the advice of the Commissioner of Transportation and the chief of
the State Police, the Secretary of Stare shall establish rules for the
operation of escort vehicles in
accordance with the Mine Administrative
Procedure Act, Title 5, Chapter 375.
Porm1Ca shall not be granted mimes the applicant provides roasonabl,
assurance that all property taxes, sewage disposal service charges levied
byamunicipality or sewer district and drain or sewer assessments
applicable to the while how, including those for the current tax year,
have been paid or that the mobile home is exempt from such taxes.
TTTTr 10 M R C d Violations; bond for Permits.
Whoever as ower, driver, operator or mover of any engine, team,
vehicle or contrivance mentioned in sections 902, 1702, 1703 and 1756
violates Boy provision of said sections or the regulations made or permits
granted under wthority, thereof shell be liable to a fine of mot less than
$25 nor more than $1,000 for each offense. Highway officials in granting
Permits under sections 902, 1702, 1703, 1753, seed 1756 aq require from
Owers or operators a bused satisfactory to them running to rhe State or the
municipal or other corporation affected, conditioned to reimburse it tox
any expenses necessarily incurred in repairing all demage caused to the way
or bridge by the we cheapens of such vehicle, toed, contrivance or other
object.
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038P(38)
90-308
On 6114 / 1990 Vlq �`7N', 11�C9� a
representat O h-[ a State cepartment Of Transpo�Cation, met with one or more o£
the undersigned Municipal Officers of the City of maggr and explained the
provision of Title 29, Maine Revised Statutes Annotated, Section 1703, regarding
the ruts of the Town under those provisions.
The undersigned Municipal Officers of the City of Bouncer do hereby agree
that a permit will be issued to the Contractor for the purpose of hauling loads in
excess of the limits as specified in Title 29, mine Revised Statutes Annotated, on
the Town ways as described in the "construction Area", and that single move permits '
will he issued for moving Contractor's construction equipment used On the project
which exceeds the legal limits (shovels, bulldozers, etc.) to sources of
construction material over Town ways reasonably within the area of the project.
In the event that it is necessary to transport gravel, borrow or other construction
material in legally registered vehicles carrying legal loads over town ways, a
Contractor's Bond of not more than Five Thousand Dollars ($5,000.00) par mile of
traveled length may be required by the Tam; the exact amount of said bond to be
determined prior to the use of any Town way.
The maximum speed limit for trucks on any Town way will be twenty-five (25) miles
per hour unless a higher legal limit is specifically agreed upon, in writing, by
the Municipal Officers concerned.
Witness:
1990
CI1Y OF unicit
BY the Municipal Officers,
M
A Construction Area located in the City of Banger has been
establishedby the Maine Department of Transportation inaccordancewith the
provisions Of Title 29, Section 1703, Maine Revised Statutes Annotated. The
area is described as follows:
(a) The section of highway under construction from Sta-. 47+50 to
Sta. 61+00 of the new construction centerline, plus approaches.
(b) State Highway 38 (Rte. 15 ) from Sta. 47+50 to Sta.61+00 of
the new construction centerline, plus approaches.
The State Department of Transportation or the State's engineer may issue
permits for stated periods of time for moving construction equipment without
loads, low -bed trailers with overloads, over -height, over -width or over -length
equipment or materials over all State maintained sections described in the
"Construction Area" abJlR and in addition may issue permits for stated Marinas
of time for moving over -weight vehicles and loads over the section described
in (a) above. The right to revoke such a permit at any time is reservedby
the State Department of Transportation and the issuance of such permits shall
be subject to any Special Provisions or Supplemental Specifications written
for this project.
A Temporary Permit for each move may be issued by Us State Department of
Transportation or the State's Engineer for moving Contractor's construction
equipment used on the project which exceeds the legal limits (shovels,
bulldozers, etc.) to sources of construction material over highways maintained
by the State reasonably within the area of the project.
The Municipal Officers of thecity of Border have agreed that
a permit will be issued to the Contractor for the purpose of hauling loads in
excess of the limits as specified in Title 29, Maine Revised Statutes
Annotated, on the tom ways as described in the "Construction Area" and that
single move. permits will be issued for moving- Contractor's construction
agoipman[ used on the project which exceeds the legal limits (shovels,
bulldozers, - etc.) to sources of construction material over town ways
reasonably within the area of the project.
In the event it is necessary to transport gravel, borrow or other mnbtruction
material in legally registered vehicles carrying legal loads over town ways, a
Contractor's Bond of not more than Five Thousand Dollars ($5,000.00) per mile
of traveled length may be required by the town, the exact amount of said bond
to be determined prior to use of any been way. -
The maximum speed limits for trucks on any town way will be twenty-five (25)
miles per hour, unless a higher legal limit is specifically agreed upon in
writing by Us Municipal Officers concerned. _
m
PROJECT
AREA
A PORTION OF PENOBSCOT COUNTY
1 1/2- 0 1 MILES 2 3 4'
—omF SS m
State Maintained
Ways and Bridges within the
Construction Area
R
i
®
ell
A PORTION OF PENOBSCOT COUNTY
1 1/2- 0 1 MILES 2 3 4'
—omF SS m
State Maintained
Ways and Bridges within the
Construction Area
April 6, 1990
SPECIAL PROVISIONS
CONSTRUCTION AREAS
- loving Heavy objects Over Ways and
Bridges; Jurisdiction; Permits Limited.
Pursuant to guidelines developed by the Department of Transportation,
jurisdiction is vested in the office of the Secretary of State, acting with
the advice of the Commissioner of Transportation, to grant emergency
Permits upon proper application in writing to move objects having a length
or width or height Or veigbt greater Wn specified in this Title over any
way or bridge maintained by Ne Department of Transportation. The fee for
these permits shall be not lees than $3, nor more than $15, to be
determined on the basis of weiphq height, length and width by the -
Secretary of State with the advice of the Commissioner of Transportation.
Like permits may be granted for a reasonable fee, by county commissioners,
municipal officers, superintendents of streets or other road officials
having charge of the repair and maintenance of any other any or bridge.
All vehicles granted emergency Permits under this section, because the
object to be moved is over the legal maximun weight, must first be
registered or hold a short -cern Permit for the maximum legal gross weight
"lowed for that vehicle.
The Secretary Of State may grant permits, covering stated periods of
time not exceeding note year and upon proper application in writing, to move
under Its ova power Pneumatic tired equipment, act exceeding the legal
weight limit, oVeways mad bridges maintained by the Department of
Transportation. Me fee for such permit shell be based upon a race of $15
for each 30 -day period covered by the permit.
The permits shall be issued to cover the emergency or purpose stated
In the application and shall be limited as to the particular objects to be.
moved and the particular ways and bridges which Bay be used, but Permits
for stated Periods of time any bei sued for lands ami suitable equipment
employed upon Public highway construction projects, United States
Government projects or privateconstruction of private ways, when such
loads or equipment are Operated within construction areas established by
The Department of Transportation.
Permits must be procured from the municipal officers of any tow or
city, 'in came the construction area encompasses that tow or city, the
Permits to further provide that the contractor he responsible for damage. to
any roads Wich may be used in the construction areas and may provide for
withholding by the agency contracting for the work of final payment under
any contract, or may provide for the furnishing of a hoed by the contracts
to guarantee suitable repair or Payment of damages, the suitability of
repairs or the amo,mt of damage to be determined by the Department of
Transportation on state maintained says and bridges, otherwise by the
mwiclpal officers.
The permits may be granted by the Department of Transportation or by
the state engineer in charge of the construction contract and no further
approval shall be droned necessary.
The permit for construction areas shall carry no fee anti shall Out
come within the scope of this section.
I of
The Secretary of State, with the advice and cons ent of the Department
of Traneportiian, i respect o state add state aidhighways and bridges
within city or compactvillage limits, and municipal officers in respect to
all other ways and bridges within such city and compact village limits and
the county commissioners ie respect to county reads and bridges located i
unoganihaving red territory
ng agoss weighex in eeding the limie cnty, mayt/ f grossrant
weight preits C, tits les
scribed in
this Title, andall suchpermitsmay certain say, special conditions or
Provisions which in the .opinion of the grantors are necessary.
Escort vehicles rewired by permits issued in accordance with this
action shall be equipped with warning lights and signs. as required by the
Secretary of State with the advice of the Department of Transportation.
Only, in the performance of the escort vehicle requirements of such a permit
Moll such warning lights be operated or the lettering on Path signs be
visible on a public way.
No State Police escort may be required except when any, single o
comb nation of vehiclesexceeds 135 feet in length or 16 feet in width.
The Secretary of State when issuing permits for vehicles exceeding these
dimensions, with the advice of the Department of Transportation, any
require Ne Owner or
operator of the vehicle to beescorted by the State
Police. The bureau of State Police shall establish a£ee to be paid by the
Permitter for these State Police escorts. All fees collected Easement fe,
this paragraph shell be need to defray the cost of services provided.
With Me advice of the Commissioner of Transportation and as Chief of
the State Police, the Secretary of State shall establish miss for the
operation of escort vehicles in accordance with Che mine Administrative
Procedure Act, Title 5, Chapter 375.
Permits shall not be granted unless the applicant provides reasonable
assurance that all property taxes, sewage disposalservice charges levied
ba municipality or sewer district and drainesewer assessments
applicable to the mobile been, including those forthe current tax year,
have been paid or that the mobile home is exempt from such taxes.
MILE 29 M.R 5 A SUBSECTION 1611 Violations{ band far Permits.
Whoever as Owner, driver, oPeraor or mover of any engine, team,
vehicle or contrivance mentioned in sections 902, 1702, 1703 and 1754
violates any provision of said sections or Ne regulations made or permits -
greeted under minority thereof shell he liable on, a fine of act lees than
$25 not more Mad $1,000 for each offense. Highway officials be granting
permits under sections 902, 1702, 1703, 1753, and 1754 my require from
owners or operators a bond satisfactory, to than rumning to the State or the
municipal o
or other corporation affected, conditioned reimburse it for
any expenses necessarily incurred in repairing all damage caused to the way,
r bridge by the we thereon of such vehicle, load, contrivance or other
object.
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